Water Infrastructure Financing Legislation: Comparison of S. 1961 and H.R. 3930

Water Infrastructure Financing Legislation: Comparison of S. 1961 and H.R. 3930

Order Code RL31344
Report for Congress
Received through the CRS Web
Water Infrastructure Financing Legislation:
Comparison of S. 1961 and H.R. 3930
Updated June 10, 2002
name redacted and name redacted
Specialists in Environmental Policy
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress

Water Infrastructure Financing Legislation:
Comparison of S. 1961 and H.R. 3930
Summary
This report provides a side-by-side comparison of two major bills in the 107th
Congress concerning water infrastructure project financing. It compares provisions
of S. 1961, the Water Investment Act of 2002, which would amend both the Clean
Water Act (CWA) and Safe Drinking Water Act (SDWA), and H.R. 3930, the Water
Quality Financing Act of 2002, which would amend only the CWA. It also describes
relevant provisions of current law that would be affected or modified by the bills.
The CWA and SDWA provisions that these two bills would amend are
principally the portions of those laws that authorize federal financial assistance to
State Revolving Loan Funds (SRFs) for purposes of building and upgrading
wastewater treatment and drinking water treatment facilities in compliance with the
laws. Congress established the CWA SRF program in 1987 and the SDWA SRF
program in 1996. Under both, federal capitalization grants are provided as seed
money for state-administered loans, which communities repay to the state, providing
a source of capital for future investments. Both laws contain provisions that specify
requirements for states to establish SRFs and requirements that apply to the SRF's
operation, such as plans and reporting. Both define categories of projects eligible for
assistance, who may receive assistance, and types of assistance activities.
A key intention of both bills is to extend SRF authorizations. S. 1961 authorizes
$35 billion total for FY2003-2007 ($20 billion for the CWA SRF, $15 billion for the
SDWA SRF), while H.R. 3930 also authorizes $20 billion for the CWA SRF for the
same time period. In addition, both would conform the two laws in several respects.
For example, the SDWA currently allows states to offer longer loan repayment
periods and additional subsidization to disadvantaged communities, and both bills
would add parallel provisions to the CWA.
The bills are not identical, however. In some cases, they take different
approaches to an issue, such as how to revise the formula for state-by-state allotment
of SRF capitalization grants. They differ in other ways, as well. S. 1961, but not
H.R. 3930, includes provisions modeled on the current SDWA that would allow
private utilities to receive CWA SRF assistance. S. 1961 includes other provisions
not in the House bill. One requires a study of public water system and wastewater
treatment works rate structures. Another calls for a study of to identify status and
trends of freshwater and groundwater resources in the United States. It also includes
a new grant program to assist small community drinking water projects. H.R. 3930
includes some provisions not in the Senate bill. For example, it would extend
requirements for 11 CWA reports to Congress.
Congressional committees are considering this water infrastructure legislation.
Following a hearing on March 13, 2002, the House Transportation and Infrastructure
Committee approved H.R. 3930 on March 20. The Senate Environment and Public
Works Committee held hearings on S. 1961 and several other bills on February 26
and 28 and approved S. 1961 with amendments on May 17.

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Table 1. Comparison of Water Infrastructure Legislation . . . . . . . . . . . . . . . . . . 4
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Recipients Eligible for Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Projects Eligible for Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Fund Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Extension of Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Additional Subsidization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Financial Assistance to Small Systems from the SRF . . . . . . . . . . . . . . 8
Technical Assistance to Small Systems from the SRF . . . . . . . . . . . . . 8
EPA Technical Assistance Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
State Administrative Costs Set-Aside . . . . . . . . . . . . . . . . . . . . . . . . . 10
Reservation of Funds for Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Cross-cutting Program and Federal Requirements . . . . . . . . . . . . . . . 10
Requirements for Receipt of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
No Assistance for Systems in Noncompliance . . . . . . . . . . . . . . . . . . 12
Technical, Managerial, and Financial Capability
Requirements for Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Consistency with Planning Requirements . . . . . . . . . . . . . . . . . . . . . . 15
Priority System Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Intended Use Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Allotment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
SRF Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Cross-collateralization between CWA & SDWA SRFs . . . . . . . . . . . 18
SRF Set-Aside for Indian Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Small Drinking Water System Grant Program . . . . . . . . . . . . . . . . . . 19
Small System Technology Assistance Centers . . . . . . . . . . . . . . . . . . 21
Environmental Finance Centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Demonstration Program for Water Quality Enhancement
and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Rate Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Streamlining the SRF Application and Review Process . . . . . . . . . . . 23
Water Resource Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Nutrient Control Technology Program . . . . . . . . . . . . . . . . . . . . . . . . 24
Wet Weather Watershed Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Preservation of Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . 25
New York City Watershed Protection Program . . . . . . . . . . . . . . . . . . 25

Water Infrastructure Financing Legislation:
Comparison of S. 1961 and H.R. 3930
Introduction
This report provides a side-by-side comparison of two major bills in the 107th
Congress concerning water infrastructure project financing. It compares provisions
of S. 1961, the Water Investment Act of 2002, which would amend both the Clean
Water Act (CWA) and Safe Drinking Water Act (SDWA), and H.R. 3930, the Water
Quality Financing Act of 2002, which would amend only the CWA. It also describes
relevant provisions of current law that would be affected or modified by the bills.
The CWA and SDWA provisions that by these two bills would amend are
principally the portions of those laws that authorize federal financial assistance to
State Revolving Loan Funds (SRFs) for purposes of building and upgrading
wastewater treatment and drinking water treatment facilities in compliance with those
laws, respectively. Under both programs, federal capitalization grants are provided
as seed money for state-administered loans. Recipients repay loans to the state,
enabling the state to build up a source of capital for future investments. Congress
established the CWA SRF program in 1987 (P.L. 100-4), replacing what previously
had been a CWA program of grants to municipalities. Before 1996, the SDWA had
not authorized federal assistance for drinking water treatment facilities, but in that
year, Congress established the SDWA SRF program (P.L. 104-182), modeling it after
the CWA program while also refining it to reflect early implementation of P.L. 100-
4. (For background information, see CRS Report RL31116, Water Infrastructure
Funding: Review and Analysis of Current Issues.)
A key intention of both bills is to extend and increase SRF authorizations. In
the case of the CWA program, authorizations under the 1987 law expired at the end
of FY1994, but Congress has continued to appropriate monies for capitalization
grants each year since then. The SDWA SRF program is authorized through
FY2003. S. 1961 authorizes $35 billion total for the two SRF programs for FY2003-
2007 ($20 billion for the CWA SRF, $15 billion for the SDWA SRF), while H.R.
3930 also authorizes $20 billion for the CWA SRF for the same time period. In
addition, both S. 1961 and H.R. 3930 would conform aspects of the programs in the
two laws. For example, the SDWA currently allows states to offer longer loan
repayment periods and additional subsidization on loans to disadvantaged
communities, and both bills would add parallel provisions to the CWA.
The bills are not identical, however. In some cases, they take different
approaches to an issue, such as how to revise the formula for state-by-state allotment
of SRF capitalization grants. They differ in other ways, as well. S. 1961, but not
H.R. 3930, includes provisions modeled on the current SDWA that would allow

CRS-2
private utilities to receive CWA SRF assistance. The Senate bill would require states
to work with wastewater utilities to attain technical, managerial, and financial
capability. The SDWA currently has a similar provision. Both bills would permit
states to make longer term SRF loans to economically disadvantaged communities;
H.R. 3930 would permit such loans to be made for up to 30 years, while S. 1961
generally extends clean water and drinking water SRF loans from 20 years to up to
30 years and would permit loans to economically disadvantaged communities under
both programs to be made for up to 40 years. The House bill addresses several issues
not included in the Senate measure; it would, for example, extend requirements for
11 CWA reports to Congress and reauthorize the Act’s state management assistance
grant program in Section 106.1
House and Senate committees held oversight hearings on water infrastructure
financing issues during the 1st Session of the 107th Congress. Attention to specific
legislation is underway in the 2nd Session. The Senate Environment and Public
Works Committee held hearings on several bills (S. 252, S. 285, S. 503, S. 1044 and
S. 1961) on February 26 and 28, and the House Transportation and Infrastructure
Subcommittee on Water Resources and Environment held a hearing on H.R. 3930
on March 13.
H.R. 3930 was approved by the full House committee on March 20 with an
amendment concerning applicability of Davis-Bacon Act prevailing wage
requirements (see page 10). The Senate Environment and Public Works Committee
approved S. 1961 on May 17. During markup, the committee adopted several
amendments, including provisions concerning prevailing wage requirements; a
revised state-by-state allocation formula for the CWA SRF (see page 16); and
authorization of several new grant programs--to assist small community drinking
water projects (page 19), nutrient control treatment projects at wastewater plants
(page 24), and wet weather watershed projects (page 24).
Several other legislative proposals, although not specifically described in this
report, also have been introduced in the 107th Congress.2 These include:
! H.R. 688/S. 252, to authorize $15 billion in CWA SRF appropriations and
expand the types of projects eligible for CWA SRF assistance,
1 As introduced, H.R. 3930 also included two provisions to modify portions of federal tax
law that affect wastewater and drinking water infrastructure financing. One provision would
modify the Internal Revenue Code to reclassify bonds for projects furnishing water and
sewer projects as exempt from annual state caps on private activity bonds. The other would
modify the Code to exempt earnings on bonds collateralized with assistance from a CWA
SRF or a SDWA SRF from requirements to rebate to the government arbitrage profits on
unspent bond proceeds. These tax provisions were included in H.R. 3930 as ordered
reported by the Transportation and Infrastructure Committee on March 20. The bill was
subsequently referred to the Ways and Means Committee for consideration of matters within
its jurisdiction. That committee ordered the bill reported on April 17 with an amendment
which removed the tax provisions.
2 Congress also has considered water infrastructure legislation that focuses specifically on
security issues. For a discussion of this legislation see, for example, CRS Report RL31294,
Safeguarding the Nation’s Drinking Water: EPA and Congressional Actions.

CRS-3
! H.R. 1178/S. 503, to authorize $750 million per year for SDWA grants to
public water systems that serve small communities,
! H.R. 1750, to reauthorize the CWA SRF program at $5.4 billion per year
through FY2006,
! H.R. 1751, to reauthorize the CWA’s previous construction grants (Title II)
program at $5.4 billion per year through FY2006,
! H.R. 3224/S.1299, to authorize $1.9 billion for the period FY2001-FY2006
for grants to assist small public water systems in complying with SDWA
standards,
! H.R. 3792, to authorize $25 billion in appropriations for CWA SRFs and
expand the types of eligible projects,
! S. 285, to authorize the use of CWA SRF monies for construction of water
conservation and quality improvements, and
! S. 1044, to provide CWA assistance through grants to states in the
Chesapeake Bay watershed for installing nutrient removal technologies at
wastewater treatment plants.

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Table 1. Comparison of Water Infrastructure Legislation
Current Law
S. 1961
H.R. 3930
Definitions
Clean Water Act (CWA) definitions are
Adds definitions of “disadvantaged community,”
Defines “small treatment works” as those serving a
provided in §502.
“disadvantaged user,” and “small treatment works”
population of 20,000 or less. (section 127 of H.R.
to CWA §502. Defines small wastewater treatment
3930)
works as those serving a population of 10,000 or
less. (section 101 of S. 1961)
Adds definition of “treatment works” to CWA
§502. (section 151)
Safe Drinking Water Act (SDWA) definitions
Adds definition of “disadvantaged user” to section
No new definitions.
generally are provided in §1401. Disadvantaged
SDWA 1452(d). Defines a disadvantaged user as
community is defined in §1452(d). Small public
“a person that meets affordability criteria
water systems are described as systems serving a
established, after public review and comment, by
population of 10,000 or fewer in §1412(b)(4)(E)
the state in which the person resides.”
and elsewhere.
(section 205(a))
Recipients Eligible for Assistance
CWA §603(c) provides that eligible assistance
Adds private utilities that principally treat
No comparable CWA language concerning private
recipients include any municipality,
municipal wastewater or domestic sewage as
utilities.
intermunicipal, interstate, or state agency.
eligible recipients for CWA State Revolving Fund
(SRF) assistance. (section 103(c)) If a state includes
private utilities in its needs survey, the state shall
ensure that private utilities are eligible to receive
SRF assistance. (section 103(i))
SDWA §1452(a) and (f) provide that eligible
Specifies that if a state includes the needs of private
No comparable provision.
assistance recipients include privately or publicly
utilities in its needs survey, then the state must
owned community water systems and nonprofit
ensure that private utilities are eligible to receive
noncommunity water systems, other than systems
SRF assistance. (section 206)
owned by federal agencies.
Projects Eligible for Assistance
CWA §603(c) describes types of projects
Clarifies that costs for planning, design, associated
No comparable language for costs of planning,

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Current Law
S. 1961
H.R. 3930
eligible for financial assistance (construction of
preconstruction, and necessary siting activities are
design, and preconstruction activities.
publicly owned treatment works, implementation
eligible for assistance.
of a §319 nonpoint pollution management

program, and development and implementation of
Adds water conservation improvement projects;
Adds lake protection projects (CWA §314),
a §320 estuary conservation and management
water reuse, reclamation or recycling projects;
decentralized wastewater treatment systems,
plan)
projects to increase facility security; and measures
municipal stormwater runoff measures, water
to control municipal stormwater to list of types of
conservation, treatment works security measures,
eligible projects.
watershed development and implementation
projects (CWA §121) to list of eligible projects.
Eligible projects may use one or more
(section 123(a))
nontraditional approaches (e.g., land conservation,
decentralized wastewater treatment innovations,
other nonpoint best management practices) (section
103(c))
SDWA §1452(a)(2) states that funds may be
Expands §1452(a)(2) to allow water systems to use
No comparable provision.
used only for expenditures that the Administrator
funds for planning, design, and associated
has determined will facilitate compliance with
preconstruction expenditures, and for projects to
SDWA regulations or significantly further
consolidate community water systems. Funds may
SDWA’s health protection objectives.
also be used to provide loans for projects or
activities to increase the security of public water
§1452(k) authorizes states to use up to 15% of the
systems. (section 203)
capitalization grant (not more than 10% for any 1
activity) to provide loans to public water systems
Amends §1452(k) to broaden other eligible uses of
for acquiring conservation easements or land for
SRF funds to include developing and implementing
source water protection; to provide loans to
source water protection programs (including
community water systems for voluntary source
wellhead protection programs). (section 204(e))
water protection measures; to provide capacity
development assistance; and to establish and
implement wellhead protection programs.
Fund Management
CWA §603(c) requires that CWA SRFs be
Requires that CWA SRFs be maintained and
Requires that CWA SRFs be maintained and
maintained and credited with loan repayments and
credited with loan repayments and be maintained in
credited with loan repayments and fees on loan
be maintained in perpetuity.
perpetuity. (section 103(c))
recipients and be maintained in perpetuity. (section

CRS-6
Current Law
S. 1961
H.R. 3930
122(c))
SDWA §1452(c) requires that SDWA SRFs be
No additional provisions.
No additional provisions.
maintained and credited with loan repayments and
interest, and be maintained in perpetuity.
Amounts not needed for current obligation or
expenditure must be invested in interest bearing
obligations.
Extension of Loans
CWA §603(d) provides that a water pollution
Authorizes a water pollution control revolving fund
Permits state to provide an extended term for a
control revolving fund may make loans at terms
to make loans at terms not to exceed 30 years, so
CWA SRF loan (up to 30 years, so long as that
not to exceed 20 years.
long as that period does not exceed the project’s
period does not exceed the project’s design life) to
design life.
a project that meets affordability criteria
established by the state. (section 123(b))
Permits state to provide an extended term for a
CWA SRF loan to a disadvantaged community (up
to 40 years, so long as that period does not exceed
the project’s design life). (section 103(d))
SDWA §1452(f) provides that a SDWA SRF
Funds may be used to make loans at terms not to
No additional provisions.
may make loans at terms not to exceed 20 years.
exceed 30 years; the term may not exceed the
project’s design life.
Exception: a state may extend the term of a loan
to as much as 30 years for disadvantaged
Permits a state to provide an extended term for a
communities, provided the term does not exceed
loan to a disadvantaged community (up to 40 years,
the project’s design life.
provided that the term does not exceed the project’s
design life). (section 204(c))
Additional Subsidization
CWA §603(d) permits states to make loans at or
Authorizes states to provide additional
Authorizes states to provide additional
below market interest rates, including interest free
subsidization from a CWA SRF, including
subsidization from a CWA SRF, including
loans. CWA has no existing provisions for
forgiveness of principal, to treatment works for use
forgiveness of principal and negative interest
additional subsidization or forgiveness of loans.
in developing technical, managerial, and financial
loans, to projects to benefit a municipality that
capacity or for projects using non-traditional
meets the state’s affordability criteria. Also may

CRS-7
Current Law
S. 1961
H.R. 3930
approaches. Authorizes states to provide additional
provide subsidization to implement alternative
subsidization, including forgiveness of principal,
processes or techniques that may result in cost
for projects in disadvantaged communities.
savings or increased environmental benefits.
(section 103(d)(4))
Authorizes states to provide additional
Total amount of subsidization provided by a state
subsidization, including forgiveness of principal, to
may not exceed 30% of its capitalization grant.
be directed through the user charge rate system or
similar program to disadvantaged users within the
State also may provide additional subsidization to
community’s residential user class of the
municipalities that do not meet affordability
community. Subsidization under this provision
criteria if the municipality seeks to benefit
may not exceed 15% of the state’s capitalization
individual ratepayers in the residential user rate
grant in that year. (section 103(d)(4))
class and ensures that this subsidization will be
directed through a user charge rate system to such
Additional subsidization under these 3 provisions
ratepayers.
may not exceed 30% of the state’s capitalization
grant in that year. (section 103(e)(2))
Directs states to establish affordability criteria by
Sept. 30, 2003. EPA may provide information to
A disadvantaged user may not receive additional
assist states in establishing criteria.
subsidization under both the provision concerning
user charge system subsidization and subsidized
assistance of treatment works project costs. (section
103(d)(4))
No comparable set-aside provision.
Set-aside: In any year when CWA SRF
appropriations exceed $1.4 billion, a state shall set
aside 25% of the difference between its
capitalization grant and its proportionate share of
$1.4 billion to provide additional subsidization.
(section 123(e))

CRS-8
Current Law
S. 1961
H.R. 3930
SDWA §1452(d) authorizes states to provide
Amends §1452(d)(1) to authorize states to use 15%
No comparable provision.
additional loan subsidization, including
of the capitalization grant to provide additional
forgiveness of principal, for projects in
subsidization for communities not defined as
disadvantaged communities.
disadvantaged if the recipient demonstrates and
The total amount of loan subsidies may not
documents to the state that the added subsidization
exceed 30% of the state’s capitalization grant for
is directed through the user charge rate system to
that year. Defines ‘disadvantaged community’ as
disadvantaged residential users.
the service area of a system that meets
EPA may provide information to assist states in
affordability criteria set by the state. EPA may
identifying disadvantaged users. A disadvantaged
publish information to assist states in establishing
user within a community that receives assistance as
these criteria.
a disadvantaged community is not eligible for this
additional subsidization.
(section 205(a))
Financial Assistance to Small Systems from the SRF
CWA - no existing provision
No comparable provision.
Directs states, beginning in FY2004, to use at least
15% of CWA capitalization grants to assist
municipalities with population less than 20,000, if
there are sufficient applications for assistance.
(section 122(c))
SDWA §1452(a)(2) requires that 15% of the
No additional provision.
No additional provision.
amount credited to a state SDWA SRF in any
fiscal year must be available for providing loan
assistance to systems serving fewer than 10,000
persons, to the extent such funds can be obligated
for eligible projects.
Technical Assistance to Small Systems from the SRF
CWA - no existing provision
Authorizes states to provide CWA SRF assistance
Authorizes states to provide CWA SRF assistance
to small treatment works for technical and planning
to small treatment works in financial management,
assistance and for assistance in financial
user fee analysis, capital improvement planning,
management, user fee analysis, budgeting, repair
operation and maintenance, repair schedules.
scheduling and other similar activities. Amounts
Amounts shall not exceed 2% of capitalization
shall not exceed 2% of capitalization grant awards
grant awards to the fund. (section 123(d))

CRS-9
Current Law
S. 1961
H.R. 3930
to the fund. (section 103(d)(4))
EPA shall assist states in establishing simplified
procedures for small treatment works to obtain
CWA SRF assistance and shall publish a manual to
assist such systems in obtaining assistance.
(section 127)
SDWA §1452(g)(2) authorizes states to use 2%
No additional provision.
No additional provision.
of their capitalization grant to provide technical
assistance to public water systems serving 10,000
or fewer persons. (See section below.)
EPA Technical Assistance Grants
CWA - no existing provision, but §104(b)
Modifies CWA §603 to authorize EPA to make
Modifies CWA §104(b) to authorize EPA to make
generally authorizes EPA to support or conduct
grants to qualified nonprofit providers for technical
grants to nonprofit organizations concerning
various types of research, investigations, and
assistance to small wastewater treatment works
assistance to rural and small municipalities,
training.
(located in rural areas and serving fewer than 3,300
publicly owned treatment works and decentralized
users) in planning, developing, and obtaining
wastewater treatment systems concerning
financing for eligible projects. Authorizes $7
planning, design, financing, construction and
million per year for FY2003-2007. (section 103(h))
operation of wastewater treatment works.
Authorizes not less than $15 million per year for
FY2003-2007. (section 111)
SDWA §1452(q) authorizes EPA to reserve up
No additional provision.
No additional provision.
to 2% of the SRF appropriation to provide
technical assistance to small systems; the total
amount provided may not exceed the amount
authorized under §1442(e) (regarding small
system technical assistance and training).
SDWA §1442(e) authorizes EPA to provide
technical assistance to small systems through
circuit-rider and regional technical assistance
No additional provision.
No additional provision.
programs. Assistance may go to nonprofit
organizations. Authorizes $15 million for each of
FY1997-FY2003.

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Current Law
S. 1961
H.R. 3930
State Administrative Costs Set-Aside
CWA §603(d) allows a state to reserve up to 4%
Increases allowed CWA reservation for
Increases allowed reservation for administrative
of its capitalization grant to cover the reasonable
administrative costs to 6% beginning in FY2003.
costs to $400,000, or 1/5 percent per year of the
costs of administering the SRF.
(section 103(d)(5))
current valuation of the state’s SRF, whichever is
greater. (section 123(c))
SDWA §1452(g)(2) allows a state to use up to
Increases allowed SDWA reservation for
No additional provisions
4% of its capitalization grant to cover the
administrative costs to 6%.
reasonable costs of administering programs under
(section 305(b)(1))
§1452 and to provide technical assistance to
public water systems.
This section further authorizes states to use up
to an additional 10% of their capitalization grant
to administer public water system supervision
programs, to administer or provide technical
assistance through source water protection
programs, to develop and implement capacity
development strategies, and for operator
certification programs. For these purposes, states
must provide a dollar for dollar match of funds.
Reservation of Funds for Planning
CWA §604(b) directs states to reserve 1% of
Increases reservation of funds for planning to 2% of
No comparable provision.
sums allotted under Title VI to carry out specified
allotted sums. (section 103(j))
planning activities.
SDWA - no provision
No provision.
No provision.
Cross-cutting Program and Federal Requirements
CWA §602(b)(6) attaches 16 specific statutory
Eliminates the applicability of some Title II
Eliminates the applicability of some Title II
requirements to projects funded with a
provisions to projects funded with the CWA SRF
provisions to projects funded with the CWA SRF
capitalization grant (but not to SRF activity made
but extends requirements to comply with:
but extends requirements to comply with:
from loan repayments or other state monies). All
restrictions on funding sewer collector systems
restrictions on funding sewer collector systems

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Current Law
S. 1961
H.R. 3930
but two are CWA-specific carryover
(CWA §211); applicability of NEPA (CWA
(CWA §211); cost-effectiveness and value
(“equivalency”) requirements from the previous
§511(c)); and applicability of Davis-Bacon
engineering review (CWA §218); applicability of
CWA Title II construction grant program. Other
prevailing wage requirements (CWA §513). Davis-
NEPA (CWA §511(c)); and applicability of Davis-
cross-cutting federal requirements are:
Bacon would apply to assistance made from federal
Bacon prevailing wage requirements (CWA §513).
applicability of the National Environmental
capitalization grants and other monies in the SRF,
Davis-Bacon would apply to assistance made from
Policy Act and Davis-Bacon prevailing wage
including loan repayments. Also modifies CWA
federal capitalization grants and other monies in
provisions for treatment works construction. The
sec. 211 to update limits on sewer collector systems
the SRF, including loan repayments. (section
requirements applied to funds provided through
to those in systems or communities in existence as
122(a))
FY1994.
of Feb. 15, 2002. (section 103(b))
SDWA SRF provisions (§1452) do not specify
Rewrites SDWA §1450(e) to expressly apply
No comparable provision.
federal cross-cutting requirements, but, as with
Davis-Bacon to all construction projects financed in
CWA assistance, a number of federal laws,
whole or in part, and by any form of assistance
executive orders, and government-wide policies
provided under SDWA (including assistance
apply by their own terms to projects and activities
provided from state drinking water SRFs). (section
receiving federal financial assistance, regardless
202)
of whether a statute authorizing assistance makes
them applicable. Several apply only to the state as
a grant recipient. All projects for which the state
provides SDWA SRF assistance in amounts up to
the amount of the capitalization grant must
comply with cross-cutters; amounts greater than
this are not subject to cross-cutters. §1450(e)
directs EPA to take such action as may be needed
to assure compliance with the Davis-Bacon Act.
Requirements for Receipt of Funds
CWA §602(b) specifies a number of conditions
Adds a requirement that CWA SRF assistance may
Adds a requirement that, beginning in FY2004,
for receipt of SRF assistance. (See discussion
only be provided if the recipient demonstrates and
states shall require as a condition of receiving
above on cross-cutting requirements.)
documents to the state that it has considered
CWA SRF assistance that recipients conduct
consolidated ownership or management;
physical and operational analysis of any system
cooperative partnerships; and use of methodologies
proposed for repair, replacement, or expansion;
or technologies that are more environmentally
evaluate the cost and effectiveness of innovative
sensitive. Recipient also must have in effect an
and alternative processes and techniques and select
asset management plan. Recipients of funds above
projects accordingly; analyze the cost and

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$500,000 in any fiscal year also must have in effect
effectiveness of alternative management and
a rate plan to achieve actual cost of service to
financing approaches (including rate structures,
customers and which addresses capital replacement
consolidation, public-private partnerships); and
funds. These requirements do not apply to funds
implement a plan for maintaining, replacing, and
used solely for planning, design, preconstruction
funding its wastewater infrastructure. (section
activities, or security measures. (section 103(h))
122(c))
Prohibits state from providing CWA SRF
assistance to a municipality unless recipient has or
No comparable provision.
will adopt a system of charges or dedicated ad
valorem tax sufficient to pay for operation,
maintenance and replacement of the system (note:
this equivalency provision, CWA §204(b)(1)(A),
applied through FY1994 under §602(b)(6)).
(section 122(c))
SDWA §1452, like the CWA provisions,
Amends §1452(f) to further require that a recipient
No comparable provision.
imposes various requirements on recipients of
demonstrate and document to the state that the
SRF assistance. §1452(f) further requires that a
recipient considered, during the planning and
loan recipient establish a dedicated source of
engineering phase, consolidating management or
revenue (or for privately owned system,
ownership; forming cooperative partnerships; and
demonstrate adequate security) to repay loan.
using methodologies or technologies that may be
more environmentally sensitive.
A recipient receiving more than $500,000 must
demonstrate and document to the state that it has in
effect a plan to achieve a rate structure that reflects
actual cost of service to customers and that
addresses capital replacement funds, and has in
effect an asset management plan. These
requirements do not apply to assistance used for
planning, design, or security measures. (section
204(c))
No Assistance for Systems in Noncompliance
CWA - no existing provision
Prohibits state from providing CWA SRF assistance
No comparable provision.

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(except for planning, design, or security purposes)
to a treatment works that is in significant
noncompliance with the CWA. Such treatment
works may receive assistance if it has entered into
an enforceable administrative or judicial order to
effect compliance or if assistance would enable the
treatment works to take sufficient corrective action.
(section 103(h))
SDWA §1452(a)(3) provides that no assistance
No additional provision.
No additional provision.
may be made to a system that is in significant
noncompliance. However, such systems may
receive assistance if the assistance will ensure
compliance and the system considers
restructuring, if the state determines that
restructuring measures are needed to ensure the
system’s compliance capacity. (See following
discussion.)
Technical, Managerial, and Financial Capability Requirements for Assistance
CWA - no existing provision, however CWA
Modifies CWA to require states to implement
Reinstates the equivalency provision of CWA
§201(o) directed EPA to encourage and assist
within 3 years a strategy to assist wastewater
§204(b)(1)(B) to require that recipients of
applicants for construction grants assistance to
treatment works in attaining and maintaining
assistance have the legal, institutional, managerial,
develop capital financing plans. CWA
technical, managerial, operations, maintenance, and
and financial capability to ensure adequate
§204(b)(1)(B) required that, to receive funding, an
capital investments and in meeting and sustaining
construction, operation, and maintenance of the
applicant must have legal, institutional,
compliance with applicable federal and state laws.
treatment works. (section 122(c))
managerial, and financial capability to ensure
The state shall include a description of how it will
adequate construction, operation and maintenance
use its resources and authorities to assist treatment
of the treatment works. These “equivalency”
works in attaining and maintaining technical,
provisions applied to SRF assistance, under CWA
managerial, and financial capacity.
§602(b)(6), through FY1994.
Beginning 4 years after enactment, states shall
require treatment works to demonstrate and
document to the state adequate technical,
managerial, and financial capacity including, for

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S. 1961
H.R. 3930
systems that receive more than $500,000 in
assistance in any fiscal year, implementation of an
asset management plan. Does not apply to funds
for planning, design, or security purposes. (section
103(h))
Requires states to report annually to EPA on
progress made in improving the technical,
managerial, and financial capacity of treatment
works in the state. (section 103(k))
SDWA §1420 requires states to establish
No additional provision.
No additional provision.
capacity development strategies to assist systems
in developing and maintaining technical,
financial, and management capacity to comply
with drinking water regulations.

§1452(a)(1)(G) requires EPA, starting in FY1999,
to withhold 20% of a state’s capitalization grant
unless the state has obtained legal authority to
No additional provision.
ensure that new systems demonstrate technical,
managerial, and financial capacity to comply with
SDWA regulations. EPA must withhold 10% in
FY2001, 15% in FY2002, and 20% in FY2003
unless a state is developing and implementing a
strategy.
SDWA §1452(a)(3) provides that no assistance
may be made to a system that lacks the technical,
managerial, and financial capacity to ensure
SDWA compliance or is in significant
noncompliance.
§1452(a)(3)(B) provides that these systems may
receive assistance if the assistance will ensure
compliance and the system considers restructuring

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S. 1961
H.R. 3930
(operational changes including ownership,
management, accounting, rates, maintenance,
alternative water supply, consolidation, etc.), if
Amends §1452(a)(3)(B) to include in the list of
the state determines the measures are needed to
restructuring measures to be considered by a
ensure the system will have compliance capacity
system: the formation of regional partnerships.
over the long term.
(section 204(a))
Consistency with Planning Requirements
CWA §204(a) required that grants under
Requires states to ensure that applicants for
No additional provision.
previous Title II construction grants program
financial assistance from the CWA SRF
could only be made if a proposed project was
demonstrate and document to the state that they will
included in and in conformity with applicable
consult and coordinate with local land use planning
regional and state water quality plans. This
agencies, regional transportation planning agencies,
“equivalency” requirement applied to SRF
and agencies responsible for watershed plans.
assistance, under CWA §602(b)(6), through
(section 103(f))
FY1994.
SDWA - no existing provision
Requires applicants for financial assistance from
No comparable provision.
the SDWA SRF to demonstrate and document to
the state that they will consult and coordinate with
agencies responsible for developing local land use
plans, regional transportation plans, and watershed
plans. (section 204(d))
Priority System Requirement
CWA §216 authorizes states to determine the
Updates the CWA priority list requirement from the
Updates the CWA priority list requirement.
priority of specific projects to be funded.
Act’s Title II construction grants program.
Requires states to establish or update a list of
Identifies categories of eligible treatment works
Requires each state to develop and periodically
projects and activities for which SRF assistance is
projects that states may include on priority list.
update a project priority system for use in
sought, using a listing methodology each state
prioritizing SRF projects, taking into consideration
shall establish. States shall seek to achieve the
chemical, physical and biological data that are
greatest degree of water quality improvement and
reasonably available and are of sufficient quality
consider whether improvements would be realized
and providing opportunity for public input. State
without SRF assistance. (section 125(a))
shall biennially publish a summary of projects
eligible for assistance (i.e., treatment works and
If the state does not fund projects and activities in

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S. 1961
H.R. 3930
other projects), including a project’s priority and
the order on the priority list, it must provide an
anticipated funding schedule. (section 103(g))
explanation of the change. (section 125(b))
SDWA §1452(b)(3) requires states to develop
No additional provision.
No additional provision.
Intended Use Plans for SRF funds, giving priority
to using funds for projects that: address the most
serious risks; are needed to ensure compliance,
and assist systems most in need on a per
household basis.
(See discussion under following section).
Intended Use Plan
CWA §606(c) requires each state to annually
Modifies CWA §606(c) to require that states
No additional provision.
prepare a plan identifying the intended uses of
provide for significant public outreach of the
amounts available in its SRF and describing how
Intended Use Plan and that the Plan include a
those uses support the goals of the SRF.
summary of priority projects to be funded from the
SRF in that year. (section 103(k))
SDWA §1452(b) requires each state, after
Modifies §1452(b) to require states to provide for
No additional provision.
providing for public review and comment, to
“significant public outreach” before preparing the
annually prepare a plan identifying the intended
Intended Use Plan. (section 204(b))
uses of amounts available in its SRF, including
criteria and methods for distributing funds and a
description of the financial status and goals of the
fund.
Allotment
CWA §205(c)(3) provides a state-by-state
Revises CWA allotment for FY2003-2007. Moves
Current CWA allotment formula shall apply in
formula for annual allotment of available funds.
towards allotment based solely on needs (needs
FY2002 and FY2003. Beginning in FY2004,
This formula, in effect since 1987, combines
formula means allotment in accordance with each
appropriated amounts up to $1.35 billion shall be
population and need factors. No state receives
state’s proportional share of total needs, but
allotted under the current allotment formula.
less than 0.4965% of available funds (except for
excluding needs for nonpoint pollution control
Amounts that exceed $1.35 billion shall be allotted
territories, which generally receive smaller
projects; no state receives less than 0.7% of total
according to a needs-based formula to be
shares).
funds). For total funds (appropriations) up to $1.35
developed by EPA; no minimum state share
billion, the following allotment applies: FY2003,
specified. (section 124)

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50% existing §205(c)(3) formula, 50% needs
formula; FY2004, 37.5%/62.5% existing
formula/needs formula; FY2005, 25%/75% existing
formula/needs formula; FY2006, 12.5%/87.5%
existing formula/needs formula. Beginning in
FY2007, all funds shall be allotted in accordance
with each state’s proportional share of needs.
Includes a complex “hold harmless” exception
formula so that no state gains or loses more than
20% compared with the preceding year’s allocation.
For funds greater than $1.35 billion, funds shall be
allotted in accordance with each state’s proportional
share of total needs. Small state protection: no
small state shall receive less than 1% of available
funds (defined as state that would receive more than
1% under existing formula in FY2002 but with
reported needs of less than 0.7%). Allocates a total
of 0.25% of available funds among Guam, Virgin
Islands, American Samoa, Commonwealth of
Northern Mariana Islands, to be allotted by EPA.
(section 103(i))
SDWA §1452(a)(D) requires that funds are
No additional provision.
No additional provision.
allotted to the states based on a formula that
reflects the proportional share of each state’s
needs identified in the most recent needs survey
(conducted every 4 years). The minimum share
for each state and District of Columbia is 1% of
available funds; territories receive up to 0.33%.
SRF Authorization
CWA §607 authorizes $8.4 billion in
Authorizes CWA SRF capitalization grants as
Authorizes CWA SRF capitalization grants as
capitalization grants for state revolving funds for
follows: $3.2 billion in each of FY2003 and
follows: $2 billion in FY2003, $3 billion in
FY1989-94. (Congress has continued to
FY2004, $3.6 billion in FY2005, $4 billion in
FY2004, $4 billion in FY2005, $5 billion in

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H.R. 3930
appropriate SRF capitalization grants since
FY2006; and $6 billion in FY2007 - total $20
FY2006, $6 billion in FY2007 - total $20 billion.
FY1994. Appropriations for the last 5 years have
billion. Reserves $1 million per year for EPA to
(section 128)
been $1.35 billion per year.)
pay the costs of conducting needs surveys. (section
103(k))
SDWA §1452(m) authorizes SRF capitalization
Authorizes SDWA SRF capitalization grants as
No comparable provision.
grants: $599 million for FY1994, and $1 billion
follows: $1.5 billion in FY2003; $2 billion in each
for each of FY1995-FY2003 - total $9.59 billion.
of FY2004 and FY2005; $3.5 billion in FY2006;
and $6 billion in FY2007 - total $15 billion.
Reserves $1 million per year to pay the costs of the
needs survey. (section 208)
Cross-collateralization between CWA & SDWA SRFs
CWA - no existing provision, but
Modifies CWA §603 to permit a state to transfer up
No comparable provision.
FY1998 and FY1999 EPA appropriation laws
to 33% of a CWA capitalization grant to its SDWA
allow states to combine assets of CWA and
SRF and vice versa. (section 305(a))
SDWA SRFs as security for bond issues to
enhance the lending capacity of one or both SRFs.
§302 of the SDWA Amendments of 1996 (P.L.
Adds this provision as a permanent authority under
No comparable provision.
104-182) authorized a state, prior to FY2002, to
SDWA §1452(g).
transfer up to 33% of the SDWA SRF
(section 305(b)(2))
capitalization grant to the CWA SRF or an
equivalent amount from the CWA SRF to the
SDWA SRF.
SRF Set-Aside for Indian Programs
CWA §518 authorizes the EPA Administrator to
Increases CWA funds reserved for Indian Tribes to
Same as S. 1961. (section 152)
reserve 0.5% of funds appropriated under §207
not less than 0.5% or more than 1.5% of funds
for developing waste treatment management plans
available under §207. (section 102)
and construction of sewage treatment works to
serve Indian tribes. Appropriations laws since
FY2001 have reserved 1.5% of CWA SRF
appropriated funds for Indian tribes.

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H.R. 3930
SDWA §1452(i) authorizes EPA to reserve
No additional provision.
No additional provision.
1.5% of the SRF appropriation for grants to
Indian Tribes and Alaska Native villages.
Small Drinking Water System Grant Program
1. Establishment of Small System Grant Program
Amends the SDWA to add new Subpart G to
No comparable provision.
establish within EPA a small public water system
CWA - not applicable
assistance program for eligible entities within states
SDWA - no provision
and areas governed by Indian Tribes.
For purposes of this program, defines “eligible
entity” to include a small system that serves an
economically disadvantaged community or a
community that could become economically
disadvantaged, or incurs more than $3 million in
costs in complying with SDWA regulations; and
systems in certain specified locations.
Defines small public water systems as community
and noncommunity water systems that serve
populations of 15,000 or fewer persons. (section
213)
2. Program priorities
Directs the EPA to provide grants to eligible
No comparable provision.
systems for activities that: address the most serious
health risk from lack of compliance; are needed to
ensure compliance; and assist communities most in
need, based on median household income, under
affordability criteria established by the state (or
EPA for entities in Tribal areas). EPA must also
consider giving priority to activities carried out by
communities that form management cooperatives.
For entities in Tribal areas, EPA and the Indian
Health Service must develop an annual list of
eligible activities based on the above priorities.
(section 213)

CRS-20
Current Law
S. 1961
H.R. 3930
3. Technical assistance
Requires EPA to use at least 1.5% of the available
No comparable provision.
funds to provide grants to nonprofit technical
assistance organizations to be used to assist eligible
entities in: assessing needs; identifying additional
funding sources to meet cost-sharing requirements;
planning, implementing and maintaining activities
that receive funding. Entities may use no more than
5% of their grant for such technical assistance.
(section 213)
4. Funding for Indian Tribes
Requires EPA to use at least 3% of funds available
No comparable provision.
each year to provide grants to eligible entities
located in areas governed by Indian Tribes. (section
213)
5. Limitations on assistance
Grants may not be provided if EPA determines that
No comparable provision.
an entity lacks the technical, managerial,
operations, maintenance, or financial capacity to
ensure compliance or is in significant
noncompliance with a drinking water regulation,
unless EPA determines that the grant will ensure
compliance and other specified conditions are met.
(section 213)
6. Cost share
Provides that the share of the total cost of an
No comparable provision.
activity funded by a grant generally may not exceed
80%; EPA may waive this requirement, partially or
completely, as needed. (section 213)
7. Reports
Requires EPA to report annually, for FY2003-2007,
No comparable provision.
to the Senate Committee on Environment and
Public Works and the House Committee on Energy
and Commerce. The reports must list the activities
receiving funds, identify the number and amounts
of grants awarded and the grant recipients. (section
213)

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Current Law
S. 1961
H.R. 3930
8. Authorization of Appropriations
Authorizes for this program $1 billion for each of
No comparable provision.
FY2003-2007. (section 213)
Small System Technology Assistance Centers
CWA - no existing provision
No provision.
No provision.
SDWA §1420(f) authorizes EPA to make grants
Amends §1420(f) to broaden the duties of the
No comparable provision.
to institutions of higher learning to establish and
centers to include: technology verification, and
operate small public water system technology
testing of innovative technologies. Directs EPA, at
assistance centers. Duties of the centers include
least every 2 years, to review and evaluate this
providing training and technical assistance to
program. If EPA determines that a center is not
small systems and systems that serve Indian
carrying out its duties, EPA must notify the center
Tribes.
and, within 180 days of the notice, may stop
Authorizes $2 million for each of FY1997-
funding the center. Authorizes $6 million for each
FY1999 and $5 million for each of FY2000-
of FY2003-FY2007. (section 207(a))
FY2003.
Environmental Finance Centers
CWA - no existing provision
No provision.
No provision.
SDWA §1420(g) requires EPA to provide initial
Extends authorization of $2 million per year for
No comparable provision.
funding for 1 or more university-based
FY2003-FY2007.
environmental finance centers to provide
(section 207(b))
technical assistance to state and local officials in
developing the financial and managerial capacity
of public water systems.
Authorizes $1.5 million for each of FY1997-
FY2003 to implement this program.
Miscellaneous
1. States’ rights
Reaffirms CWA §101(g) for the purposes of this act
No comparable provision.
(S. 1961) and states that nothing in this act impairs
CWA §101(g) states policy of Congress that the
or affects any right or jurisdiction of a state with

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Current Law
S. 1961
H.R. 3930
authority of states to allocate quantities of water
respect to the water of the state or supersedes or
within their jurisdiction shall not be superseded,
abrogates state with respect to allocating quantities
abrogated, or otherwise impaired by this Act.
of water or any right to quantity or use of water
established by a state. (section 502)
SDWA §1427(l) (sole source aquifer protection)
states that nothing under this section affects rights
to quantities of water set by interstate compacts,
Supreme Court decrees or state water laws, or
requirements or rights under federal or state
environmental laws.
2. State management assistance
No comparable provision.
Authorizes $250 million per year for FY2003-2007
for CWA §106. (section 112)
CWA §106 authorizes grants to states to assist
management of state water pollution control
programs.
SDWA §1443 authorizes $100 million for each
No additional provision.
No additional provision.
of FY1997-FY2003 for grants to states to
administer public water system supervision
programs.
3. Federal review oversight
No comparable provision.
Authorizes EPA to allow a state to certify its
compliance with CWA Title VI for purposes of
CWA §606(e) requires EPA to conduct annual
this review. (section 126)
oversight review of a state’s Intended Use Plan.
SDWA §1452(r) directs EPA to assess the
No additional provision.
No additional provision.
effectiveness of SRFs through FY2001 and report
to Congress.
Demonstration Program for Water Quality Enhancement and Management
CWA - no existing provision
Directs EPA to establish a nationwide
No comparable provision.
SDWA - no existing provision
demonstration program of 10 projects per year to
promote innovations in technology and alternative
approaches to water quality management or water

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S. 1961
H.R. 3930
supply and reduce municipalities’ costs to comply
with the CWA and SDWA. Specifies criteria for
selection of municipalities to carry out projects and
types of projects relating to e.g., excessive nutrient
growth, lack of alternative water supply, sewer
overflows, problems with naturally-occurring
constituents. Non-federal share of project costs
shall be at least 20%. Authorizes $20 million per
year for FY2003-2007. Also directs EPA to carry
out a grant program for research and development
on innovative and alternative technologies for water
quality or drinking water supply; authorizes $20
million per year for FY2003-2007. (section 302)
Rate Study
CWA - no existing provision
Directs the National Academy of Sciences to
No comparable provision.
SDWA - no existing provision
prepare a study of the public water system and
treatment works rate structures in U.S.
communities. The study shall address issues
including existing rate practices, extent to which
rates include cost of service and infrastructure
replacement, standards for affordability, rates in
disadvantaged communities, successful incentive
rate systems, and recommended industry practices
for use in establishing rate structures. The study
shall be completed within 2 years. (section 303)
Streamlining the SRF Application and Review Process
CWA - no existing provision
Directs the EPA Administrator to identify ways to
No comparable provision.
SDWA - no existing provision
streamline and improve the application and review
process for CWA SRF and SDWA SRF assistance
and to submit a report to Congress. (section 304)

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H.R. 3930
Water Resource Planning
CWA - no existing provision
Directs the U.S. Geological Survey to do a 2-year
No comparable provision.
SDWA - no existing provision
study assessing the state of water resources in the
U.S. to provide indicators of the status and trends of
fresh water in rivers and reservoirs, groundwater
levels and volumes, and freshwater withdrawals.
The Secretary of the Interior in coordination with
federal agencies shall publish a list of water
resources research priorities focusing on monitoring
and improving the quality of information available
to water resource managers. The Secretary also
shall coordinate a system to communicate water
resource information to decisionmakers, the private
sector, and the general public. Authorizes $3
million per year for FY2003-2007. (sections 401-
405)
Nutrient Control Technology Program
CWA - no existing provision
Adds new §701 to the CWA. Directs EPA to
No comparable provision.
establish a competitive program of grants to states
and municipalities to upgrade nutrient removal
technologies of wastewater treatment works with
permitted design capacity to treat 500,000 gallons
or more of wastewater per day. Federal share of
project costs shall not exceed 55%. Authorizes
$100 million annually for FY2003-2007. Funds
only available in years when Title VI appropriations
exceed $1.35 billion. (section 501)
Wet Weather Watershed Projects
CWA §121, Sewer Overflow Control Grants,
Authorizes appropriations of $250 million annually
No comparable provision.
authorized $750 million in FY2002-2003 in grants
for FY2004-2007 for this program. Makes a
for intercepting, transporting, controlling or
technical correction to redesignate this provision as
treating municipal combined or separate sewer
CWA §122. (section 103(m))

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Current Law
S. 1961
H.R. 3930
overflows.
Preservation of Reporting Requirements
The Federal Reports Elimination and Sunset Act
No comparable provision.
Extends requirement for various CWA reports,
of 1995 (P.L. 104-66) authorized elimination of
e.g., Great Lakes research needs, National Estuary
numerous agency reports to congressional
Program activities, Great Lakes Water Quality
committees at the end of 1999 unless Congress
Agreement implementation, state water quality
acted to continue specific reports.
reports, requirements and costs of water pollution
control. (section 201)
New York City Watershed Protection Program
CWA - no existing provision
No provision.
No provision.
SDWA - Section 1443(d)(4) authorizes EPA to
Reauthorizes the New York City watershed
provide assistance to New York State for
protection program to provide $25 million annually
demonstration projects supporting the watershed
for FY2003-FY2007. (section 201)
program to protect the quality of source waters of
New York City’s water supply. Authorizes $15
million for FY1997-FY2002; federal assistance
may not exceed 50% of program costs.

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